Senate
File
2217
-
Introduced
SENATE
FILE
2217
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SF
2095)
A
BILL
FOR
An
Act
relating
to
the
definition
of
child
abuse
and
to
1
mandatory
reporting
training
to
recognize
and
report
2
incidents
of
human
trafficking
involving
minors,
and
making
3
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
232.68,
subsection
2,
paragraph
a,
Code
1
2016,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(11)
The
acts
or
omissions
of
a
3
person
responsible
for
the
care
of
a
child
which
allow,
4
permit,
encourage,
or
require
the
recruitment,
harboring,
5
transportation,
provision,
obtaining,
patronizing,
or
6
soliciting
of
the
child
for
the
purpose
of
commercial
sexual
7
activity
or
forced
labor
or
service
as
defined
in
section
8
710A.1.
9
Sec.
2.
Section
232.69,
subsection
1,
unnumbered
paragraph
10
1,
Code
2016,
is
amended
to
read
as
follows:
11
The
classes
of
persons
enumerated
in
this
subsection
shall
12
make
a
report
within
twenty-four
hours
and
as
provided
in
13
section
232.70
,
of
cases
of
child
abuse.
In
addition,
the
14
classes
of
persons
enumerated
in
this
subsection
shall
make
a
15
report
of
abuse
of
a
child
who
is
under
twelve
years
of
age
16
and
may
make
a
report
of
abuse
of
a
child
who
is
twelve
years
17
of
age
or
older,
which
would
be
defined
as
child
abuse
under
18
section
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
,
19
or
(5),
or
(11),
except
that
the
abuse
resulted
from
the
acts
20
or
omissions
of
a
person
other
than
a
person
responsible
for
21
the
care
of
the
child.
22
Sec.
3.
Section
232.69,
Code
2016,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
4.
The
department
of
public
health,
in
25
cooperation
with
the
crime
victim
assistance
division
of
the
26
department
of
justice,
the
Iowa
law
enforcement
academy,
27
the
department
of
public
safety,
the
attorney
general’s
28
office,
and
any
other
federal,
state,
and
local
governmental
29
agencies
and
nongovernmental
or
community
organizations
with
30
expertise
in
human
trafficking
including
commercial
sexual
31
activity
or
forced
labor
or
service
involving
children,
32
shall
develop
training
standards
on
the
subject
of
human
33
trafficking
involving
children
to
include
curricula
on
34
recognizing
human
trafficking
victims,
culturally
sensitive
and
35
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age-appropriate
methods
for
approaching
and
dealing
effectively
1
and
appropriately
with
trafficking
victims
and
minors
who
2
are
victims
or
who
are
impacted
by
human
trafficking,
and
3
identifying
the
appropriate
authorities
to
report
potential
4
cases
of
human
trafficking.
Mandatory
reporter
training
5
required
under
this
section
shall
at
a
minimum
meet
the
6
standards
developed
under
this
subsection.
7
Sec.
4.
Section
232.70,
subsection
8,
Code
2016,
is
amended
8
to
read
as
follows:
9
8.
If
a
report
would
be
determined
to
constitute
an
10
allegation
of
child
abuse
as
defined
under
section
232.68,
11
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
,
or
(5),
or
12
(11),
except
that
the
suspected
abuse
resulted
from
the
acts
13
or
omissions
of
a
person
other
than
a
person
responsible
for
14
the
care
of
the
child,
the
department
shall
refer
the
report
15
to
the
appropriate
law
enforcement
agency
having
jurisdiction
16
to
investigate
the
allegation.
The
department
shall
refer
the
17
report
orally
as
soon
as
practicable
and
in
writing
within
18
seventy-two
hours
of
receiving
the
report.
19
Sec.
5.
Section
232.71B,
subsection
1,
paragraph
a,
20
subparagraph
(1),
Code
2016,
is
amended
to
read
as
follows:
21
(1)
Upon
acceptance
of
a
report
of
child
abuse,
the
22
department
shall
commence
a
child
abuse
assessment
when
the
23
report
alleges
child
abuse
as
defined
in
section
232.68,
24
subsection
2
,
paragraph
“a”
,
subparagraphs
(1)
through
(3)
and
25
subparagraphs
(5)
through
(10)
(11)
,
or
which
alleges
child
26
abuse
as
defined
in
section
232.68,
subsection
2
,
paragraph
“a”
,
27
subparagraph
(4),
that
also
alleges
imminent
danger,
death,
or
28
injury
to
a
child.
29
Sec.
6.
Section
235A.18,
subsection
1,
paragraph
b,
Code
30
2016,
is
amended
to
read
as
follows:
31
b.
Data
sealed
in
accordance
with
this
section
shall
be
32
expunged
eight
years
after
the
date
the
data
was
sealed.
33
However,
if
the
report
data
and
the
disposition
data
involve
34
child
abuse
as
defined
in
section
232.68,
subsection
2
,
35
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paragraph
“a”
,
subparagraph
(3)
,
or
(5),
or
(11),
the
data
1
shall
not
be
expunged
for
a
period
of
thirty
years.
Sealed
2
data
shall
be
made
available
to
the
department
of
justice
upon
3
request
if
the
prosecutor’s
review
committee
is
reviewing
4
records
or
if
a
prosecuting
attorney
has
filed
a
petition
to
5
commit
a
sexually
violent
predator
under
chapter
229A
.
6
Sec.
7.
Section
280.17,
subsection
1,
Code
2016,
is
amended
7
to
read
as
follows:
8
1.
The
board
of
directors
of
a
school
district
and
the
9
authorities
in
charge
of
a
nonpublic
school
shall
prescribe
10
procedures,
in
accordance
with
the
guidelines
contained
in
11
the
model
policy
developed
by
the
department
of
education
in
12
consultation
with
the
department
of
human
services,
and
adopted
13
by
the
department
of
education
pursuant
to
chapter
17A
,
for
14
the
handling
of
reports
of
child
abuse,
as
defined
in
section
15
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
(3),
or
16
(5),
or
(11),
alleged
to
have
been
committed
by
an
employee
or
17
agent
of
the
public
or
nonpublic
school.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
adds
to
the
definition
of
“child
abuse”
under
Code
22
chapter
232
provisions
relating
to
human
trafficking,
modifies
23
related
requirements
for
mandatory
reporters
of
child
abuse
and
24
mandatory
reporter
training,
and
makes
penalties
applicable.
25
To
the
definition
of
“child
abuse”
or
“abuse”,
the
bill
26
adds
“the
acts
or
omissions
of
a
person
responsible
for
the
27
care
of
a
child
which
allow,
permit,
encourage,
or
require
the
28
recruitment,
harboring,
transportation,
provision,
obtaining,
29
patronizing,
or
soliciting
of
the
child
for
the
purpose
of
30
commercial
sexual
activity
or
forced
labor
or
service”
as
31
defined
in
Code
section
710A.1.
32
Under
Code
section
710A.1,
“forced
labor
or
services”
means
33
labor
or
services
that
are
performed
or
provided
by
another
34
person
and
that
are
obtained
or
maintained
through
causing
or
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threatening
to
cause
serious
physical
injury
to
any
person,
1
physically
restraining
or
threatening
to
physically
restrain
2
another
person,
abusing
or
threatening
to
abuse
the
law
or
3
legal
process,
or
knowingly
destroying,
concealing,
removing,
4
confiscating,
or
possessing
any
actual
or
purported
passport
or
5
other
immigration
document,
or
any
other
actual
or
purported
6
government
identification
document,
of
another
person.
7
“Commercial
sexual
activity”
means
any
sex
act
or
sexually
8
explicit
performance
for
which
anything
of
value
is
given,
9
promised
to,
or
received
by
any
person
and
includes,
but
is
not
10
limited
to,
prostitution,
participation
in
the
production
of
11
pornography,
and
performance
in
strip
clubs.
12
With
this
change
in
the
definition,
the
classes
of
persons
13
required
to
make
a
report
of
child
abuse
must
also
make
a
14
report
of
suspected
forced
labor
or
services
and
suspected
15
commercial
sexual
activity
involving
a
child
and
complete
16
training
relating
to
the
identification
and
reporting
of
such
17
child
abuse.
18
The
department
of
public
health
is
directed
to
develop
19
training
standards
on
the
subject
of
human
trafficking
20
involving
children
to
include
curricula
on
recognizing
21
human
trafficking
victims,
culturally
sensitive
and
22
age-appropriate
methods
for
approaching
and
dealing
effectively
23
and
appropriately
with
trafficking
victims
and
minors
who
24
are
victims
or
who
are
impacted
by
human
trafficking,
and
25
identifying
the
appropriate
authorities
to
report
potential
26
cases
of
human
trafficking.
The
standards
must
be
developed
in
27
cooperation
with
the
crime
victim
assistance
division
of
the
28
department
of
justice,
the
Iowa
law
enforcement
academy,
the
29
department
of
public
safety,
the
attorney
general’s
office,
and
30
any
other
federal,
state,
and
local
governmental
agencies
and
31
nongovernmental
or
community
organizations
with
expertise
in
32
human
trafficking.
33
The
bill
makes
conforming
changes,
including
provisions
34
relating
to
commencing
child
abuse
assessments,
expunging
data
35
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under
certain
conditions,
and
the
procedures
school
districts
1
and
accredited
nonpublic
schools
must
use
in
handling
child
2
abuse
reports.
3
The
civil
and
criminal
sanctions
of
Code
section
232.75
4
apply
to
a
person
who
fails
to
report
a
suspected
case
of
5
child
abuse
or
knowingly
reports
false
information.
If
the
6
department
of
human
services
issues
a
finding
that
the
alleged
7
child
abuse
meets
the
definition
of
child
abuse,
the
child
8
abuse
central
registry
provisions
of
Code
chapters
232
and
235A
9
apply.
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